FROM THE WASHINGTON COUNTY CIRCUIT COURT [NO. 72DR-14-1919]
HONORABLE JOANNA TAYLOR, JUDGE
Moore Pendergraft LLP, by: Timothy C. Hutchinson, for
Elizabeth Finocchi, for appellee.
RAYMOND R. ABRAMSON, JUDGE
Montez appeals the Washington County Circuit Court's
order denying his motion to change custody of his children,
M.M. and J.M., and granting the motion of his former wife,
Consuela Montez, to modify his child-support payments. On
appeal, Daniel argues that the circuit court erred in finding
that he failed to establish a material change in
circumstances warranting a modification of custody. In the
alternative, Daniel argues that the court erred in modifying
his child-support payments, imputing his annual net income to
$398, 690, and failing to apply the factors from Arkansas
Supreme Court Administrative Order Number 10
("Administrative Order No. 10") that would require
a downward deviation from the family-support chart. We
reverse and remand.
January 9, 2015, the Washington County Circuit Court entered
a divorce decree for Daniel and Consuela. The decree
incorporated the parties' property-settlement and
child-custody agreement. The agreement provided in part
1.Child Custody and Visitation: The parties agree
that they are both fit and proper parents. The parties agree
that they shall enjoy joint custody of the two minor
children, [M.M. and J.M., ] and shall endeavor to have equal
time with the minor children as delineated herein.
a. Each parent shall have the minor children in his/her
physical care and custody alternating weeks from Friday at
6:00 p.m. until the following Friday at 6:00 p.m., or as
otherwise mutually agreed by the parties. The parent picking
up the children for his/her week shall provide
transportation. . . . .
2.Support and Maintenance of the Children:
a. That because the parties shall share joint custody and
spend equal time with the children, neither party shall pay
child support to the other.
. . . .
3. Division of Property: . . . .
a. Business: During the marriage, the parties each owned an
equal one-half share of businesses they owned and operated
during the marriage, namely "Finishing Touches, " a
construction business, and "Venture Properties of NWA,
" which rents and manages investment properties.
[Consuela] shall relinquish any and all ownership interest
and liability in these businesses . . . as well as her
employment at "Venture Properties" with the
exception of and in exchange for the following: . . . .
ii. Weekly payments of $500.00 (an amount equal to her net
pay as an employee of "Finishing Touches") for
three (3) years following the filing of this Order, due on
each and every Friday beginning with the first Friday in
January 2015. Payment shall be made regardless of the ...